Comparative fault in California personal injury cases applies to situations in which both parties have some level of negligence in the accident. The state follows a pure comparative negligence rule, and as such, you may still be able to recover damages if you suffer losses and are partially to blame for them.
Comparative fault personal injury cases in California are more complex. Working with a Santa Monica personal injury attorney from Borna Houman Law could help you minimize some of the risk of not receiving compensation owed to you.
How Comparative Fault Works in California
In a typical personal injury case, one person or business breaches a duty of care, causing another person to suffer injuries in an accident or other loss. In some situations, both parties could be responsible, but to differing degrees.
When it comes to comparative fault, even if you are found to be negligent in the accident that left you injured, you might still be able to recover damages for your losses. However, the amount of damages recoverable will be less than what is recoverable if you hadn’t been negligent in the accident. For example, the state’s laws allow you to recover damages even if you are found to be 99% responsible for the accident. This means that you can recover damages from the other party involved for the 1% fault they hold in the accident.
How The Court Determines Fault
Determining fault means showing that the other party had some responsibility to keep themselves safe, but they failed to do so. It is up to each party to prove the other is negligent. This can happen in a number of ways:
- Witness statements
- Expert testimony in the accident
- Medical records
- Videos of the incident
- Family and employer testimony
This information goes to the court, and the judge or jury determines the percentage of fault each party holds. Various factors can impact this. That includes the type of personal injury and the level of steps each party took to prevent risk. For example, if you are in a car accident with another driver who was driving recklessly and intentionally breaking the law, and you failed to yield the right of way, both parties could hold some liability in the case.
Your Attorney’s Responsibility in Comparative Fault Factors in California Personal Injury Cases
In a personal injury case, your attorney’s task is to prove you did not carry any fault in the accident, if that is possible to do. If not, the attorney works to reduce the percentage of fault applied to your case. They may provide evidence and testimony to demonstrate the severity of the other party’s actions or the reasons why you were at fault.
In the above example, your attorney may show you failed to yield the right of way because the other driver was speeding and you misjudged the distance. This will always be very specific to the case, and there is no way for you to know what the court will decide until you speak to an attorney and build a strong case.
If you are facing a California personal injury loss, and comparative negligence is a part of it, turn to Borna Houman Law for a free consultation to determine what legal options you have. There are no fees unless we win your case.